Court says no to expelled gay pupil

December 7, 2007|By Nancy L. OthM-sn Staff Writer

The Florida Supreme Court declined Thursday to review a case involving a former Jupiter Christian School student who was expelled because he was gay.

Two years ago, the 4th District Court of Appeal sent the case to Tallahassee so that the state's highest court could determine whether Jeffrey Woodard should be entitled to seek damages for infliction of emotional distress. But with little comment, and giving the parties no opportunity for rehearing, a majority of the justices dismissed the case.

"The school, from the day this claim was filed, has always expected that every court that considered the issue would follow the law and reach this conclusion," said attorney John Bryan Jr., who represents Jupiter Christian.

The U.S. Supreme Court has ruled that the First Amendment allows private organizations to exclude gays.

In 2003, Woodard, then a senior, was expelled after disclosing his sexual orientation. Woodard and his mother sued the school, alleging that the school chaplain revealed Woodard was gay even though Woodard thought he was having a confidential conversation.

Jupiter Christian officials maintained that the chaplain was not a recognized member of the clergy and under no obligation to remain silent about the disclosure. What's more, attorneys for the school argued that Florida law precludes plaintiffs from recovering damages for emotional distress when there is no physical injury.

But there are rare exceptions to that rule, and Justice Barbara Pariente wrote in her dissent that the majority's decision against even reviewing the case causes a continued uncertainty in the law.

"Psychological trauma can cause harm to an individual that is equal to or greater than physical injury," Pariente wrote in her dissent, which was supported by another justice. "Like physical injury, the results of psychological trauma can endure for a lifetime."

And Woodard's case is "substantially similar" to other cases - including one in which a psychotherapist breached confidentiality - where the high court has recognized exceptions to the law, Pariente wrote.

Thursday's ruling was disappointing, especially considering the similarities to the cases that were cited, said attorney William Booth, who represents Woodard.